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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of April 6, 2015 No. 195

About approval of the Regulations on procedure for capitalization of the means intended for pension payment, compensation amounts of harm to workers in case of liquidation (bankruptcy) of the employer

For the purpose of ensuring timely capitalization of the means intended for pension payment, compensation amounts of harm to workers in case of liquidation (bankruptcy) of the employer according to Article 255 of the Labor code of the Kyrgyz Republic, article 4 of the Law of the Kyrgyz Republic "About Social fund of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for capitalization of the means intended for pension payment, compensation amounts of harm to workers in case of liquidation (bankruptcy) of the employer according to appendix.

2. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for capitalization of means" of August 30, 2006 No. 629.

3. This resolution becomes effective after fifteen days from the date of official publication.

Prime Minister

J. Otorbayev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of April 6, 2015 No. 195

Regulations on procedure for capitalization of the means intended for pension payment, compensation amounts of harm to workers in case of liquidation (bankruptcy) of the employer

1. General provisions

1. This Provision regulates procedure for capitalization of the means in case of liquidation (bankruptcy) of the employer intended for appointment and payment:

- pensions according to the List No. 2 of productions, works, professions, positions and indicators with harmful and severe conditions of work in which employment grants the right of retirement on age (on old age) on favorable terms, and also retirement to workers of textile productions (further - according to the List No. 2);

- harm compensation amounts on labor mutilation, occupational disease or other damage of health (further - harm Compensation amounts).

2. The purposes of this provision are:

- creation of legal conditions for ensuring timely capitalization of the means intended for pension payment, compensation amounts of harm to workers;

- regulation of procedure for capitalization by liquidation commission (liquidator) or special administrator of means of the liquidated employer in Social fund of the Kyrgyz Republic (further - Social fund);

- establishment of guarantees of the rights of workers and other persons to receipt of the corresponding payments after liquidation (bankruptcy) of the employer.

3. The basic concepts and determinations applied in this Provision:

capitalization - the procedure of payments established by the legislation and entering into Social fund of the money intended for appointment and pension payment according to the List No. 2, and also harm compensation amounts on labor mutilation if the rights and obligations of the liquidated employer do not pass to the legal successor;

the capitalized means of the liquidated employer intended for appointment and payment:

- pensions according to the List No. 2 of productions, works, professions, positions and indicators with harmful and severe conditions of work in which employment grants the right of retirement on age (on old age) on favorable terms, and also retirement to workers of textile productions (further - according to the List No. 2);

- harm compensation amounts on labor mutilation, occupational disease or other damage of health (further - harm compensation amounts);

the liquidated employer - the legal entity (the company, the organization, organization and other business entity irrespective of legal forms and patterns of ownership), the individual entrepreneur performing the activities without formation of legal entity on which the decision on liquidation (bankruptcy) is made;

occupational disease - disease in which emergence the crucial role belongs to impact of adverse factors of the production circle and labor process;

employer - the physical person or legal entity (organization) which entered employment relationships with the worker. In the cases established by the laws other subject given the right to sign employment contracts can act as the employer;

harm compensation amounts - the sum of money paid by the employer to the worker on indemnification, caused by labor mutilation and occupational disease;

labor mutilation - the harm done to workers by the mutilation, occupational disease or other damage of health connected with execution of labor obligations by them (further - labor mutilation) and the event both in the territory of employer, and beyond its limits, and also in travel time of the worker to place of employment or from work on the transport provided by the employer.

4. Information on carrying out liquidation (bankruptcy) goes to regional body of Social fund for place of registration of the liquidated employer in writing within 5 calendar days from the date of decision about the beginning of liquidation (bankruptcy).

5. Lump sum payment of all capitalized payments according to the statement of person having the right to the corresponding payment is not allowed.

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